Publication of the week: Professor Judith Bray

Bray, J., “Cohabitation: The long slow road to reform”, [2016] Fam Law 1428-1437

Currently unmarried couples have no right in law to claim ownership of each other’s property on relationship breakdown. This should be well known but there are still misunderstandings amongst many couples. Cohabitants often believe that rights arise from a long relationship which is incorrect. There are no statutory rights protecting cohabitants on the breakdown of a relationship. Instead of statutory rights, cohabitants must rely on the complex rules of property law which are beset with technicalities. Their status as cohabitants has no effect on outcome and although the courts may take the length of relationship and other issues into account when quantifying shares, the claim to a share is a property law based claim. Couples cannot predict how the property rules and principles will apply to their individual circumstances. This article examines the current position regarding property rights for cohabitants and demonstrates why reform is needed.

The full text of the article is available to University members via Family Law Online.

Judith Bray is a Professor of Law at The University of Buckingham. She teaches Land Law, Equity and Trusts and Family Law. Her research interests cover a wide range of issues arising in property law and family law including the property rights of cohabitants. She publishes widely and has written a number of textbooks including Unlocking Land Law and A Student’s Guide to Equity and Trusts.